Page 3651 - Week 08 - Friday, 24 August 2012
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MR BARR (Molonglo—Deputy Chief Minister, Treasurer, Minister for Economic Development and Minister for Tourism, Sport and Recreation) (5.50): Again, Mr Speaker, the government will not be supporting these amendments for the reasons I outlined earlier.
Amendment negatived.
Clause 15 agreed to.
Proposed new clause 15A.
MR SMYTH (Brindabella) (5.50): I move amendment No 3 circulated in my name [see schedule 2 at page 3684].
The amendment inserts new clause 15A and simply increases the threshold on mandatory final offers from $50,000 to $100,000 in accordance with the increase in this threshold that I proposed for what are considered to be small claims.
MS HUNTER (Ginninderra—Parliamentary Leader, ACT Greens) (5.51): As I have just said, we will not be supporting this amendment.
Proposed new clause 15A negatived.
Proposed new clause 15B.
MR SMYTH (Brindabella) (5.51): I move amendment No 4 circulated in my name [see schedule 2 at page 3684].
The amendment inserts new clause 15B. Amendments 4, 5 and 6 are closely linked, so if one goes down it will not be necessary to move the next two. This amendment is intended to speed up the resolution of matters. There will be situations where final mandatory offers have been made by claimants and the respondents. Where these offers are both less than $70,000 and they are less than $20,000 apart, the amendment proposes that the mid-point between the offers will be the settlement. Where offers are between $70,000 and $100,000 and they are less than $30,000 apart, the amendment proposes that the mid-point between the offers will be the settlement.
I believe this approach of deeming a settlement will minimise argument about relatively minor amounts and should not unduly disadvantage any of the parties. I also add that an offer of zero dollars by the respondent is precluded as an offer, as zero implies that the respondent denies any liability in the matter.
Proposed new clause 15B negatived.
Clause 16 agreed to.
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